FlyerTalk Forums - View Single Post - Using Credit Cards in China - The Great CC Rip Off (dynamic currency conversion)
Old May 17, 2011 | 8:37 pm
  #314  
anacapamalibu
Ambassador: China
 
Join Date: Oct 2005
Location: Malibu Inferno Ground Zero
Programs: UA AA CO
Posts: 4,836
Originally Posted by percysmith
Actually a court does not transfer cases to overseas courts, it just decides it should not hear the case.
US Code:
TITLE 28 > PART IV > CHAPTER 89 > § 1441
Prev | Next § 1441. Actions removable generally

(6) Nothing in this subsection shall restrict the authority of the district court to transfer or dismiss an action on the ground of inconvenient forum

Carijano v. Occidental Petroleum, a case where the Ninth Circle panel reversed a federal district judge’s decision to dismiss a suit against Occidental Petroleum under the doctrine of forum non conveniens. The court held that the suit should have been brought in Peru, rather than in California. This decision could expose U.S. and foreign companies to a flood of new lawsuits in the Ninth Circuit and these will be much more difficult to transfer to foreign courts. Under the doctrine of forum non conveniens, Supreme Court precedent supports the transfer of such cases to the country that has a closer connection to the claims

This Circuit’s precedent requires a party to make a “powerful showing” that
includes specific and “sordid” evidence when arguing that a foreign nation’s
judicial system is corrupt.

Last edited by anacapamalibu; May 17, 2011 at 9:18 pm
anacapamalibu is offline